August 2009
NJ Division of Fish and Wildlife
Monthly Highlights
Bureau of Law Enforcement
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Northern
Region
CO Ziegler assisted Wildlife Services with an injured bear that
had crawled underneath the front porch of a residence. The local
PD determined the bear was injured beyond recovery and destroyed
it. The officer, along with members from Wildlife Services,
recovered the bear and determined it had previously been shot
with a .12 gauge slug. The officer is continuing the investigation.
Lt. Panico and CO Ziegler were asked to attend the Vernon Twp.
Council Meeting where two groups were planning to protest the
recent euthanizing of Category I bears in the township. The
officers were invited to answer questions concerning the bear
feeding and trash storage statute.
While patroling the Lamington River, CO Paul inspected an individual
who was in possession of several trout. Upon further inspection,
she determined he had caught the fish using a cast net and set
lines. The individual did not have a valid fishing license or
trout stamp. All the appropriate summonses were issued.
While patrolling the Hamburg Mountain WMA, CO Hutchinson apprehended
12 individuals operating ATVs. The officer was injured when
one individual attempted to leave the area. Although the officer
was successful in get the operator to dismount, the ATV rolled
down a slope and struck the officer’s leg. Unfortunately,
the officer suffered a slight fracture to his right foot and
a slight fracture to his right tibia bone. He is expected to
be out on injury leave for a period of time. All the appropriate
charges against the individuals were filed.
Central Region
CO
Martiak had two productive weekend patrols at Sandy Hook National
Recreation Area. He issued 9 summonses for short porgies and
fluke, 11 summonses for clamming in condemned waters and clamming
without a license and 3 summonses for interference.
Officer Martiak had received information from the Marlboro Police
Department, that during an investigation of a burglary at a
home in their town, they observed what appeared to be four alligators
being kept in the basement of the home. After being notified,
Officer Martiak made contact with the son of the homeowner and
set up a time to meet and do an inspection. During the inspection
only three alligators were present. The subject adamantly denied
that there were more than three alligators, even though the
police had documented four. The subject went on to claim that
he wasn’t aware that it was illegal to possess the reptiles.
A check of division records revealed that the subjects have
been involved in a number of other incidents with the division,
relating to the illegal possession of alligators. Without any
means to relocate the animals, the owners delegated that responsibility
to the Division. Prior to the day of the transport, the fourth
alligator had been returned to the basement. Officers Martiak,
O’Rourke, McManus and Lt. Sich along with Linda Buono
from the division’s non-game and endangered species program
had to capture secure and transport all four reptiles to their
new home. Charges are pending.
Officer McManus was able to identify the individual responsible
for dumping approximately three cubic yards of building debris
on the Greenwood Forest Wildlife Management Area. When Officer
McManus completed his investigation, he met with the contractor
and his employee at the site. At that time, he was informed
by the contractor that his employee had committed the deed.
That individual gave a written statement as to his involvement
and exonerated his boss of any participation or knowledge of
the violation. When the interview was completed, the contractor
and his employee proceeded to clean up the debris. Summonses
were issued under Title 23 & 13.
Southern Region
Southern Region Officers, assisted by Officers from the Marine
Region provided public property protection patrols relative to
a reported organized party to be held on Champagne Island. Champagne
Island is a tidal sand flat that has been placed under Division
control due to its extreme importance as an endangered species
nesting and feeding area. A posting on an individuals Face book
page offered to provide food, alcohol and a T-shirt for $25.00
for the event. Contact was made with the event organizer and personnel
from Land Management and Non-Game and Endangered Species assisted
in posting the island with signs and regulations. On the date
of the event, officers conducted boat and foot patrols of the
island. There were about 150 people using the island and no violations
were observed. Other small patrols will be conducted when the
tides are right throughout the season.
COs Toppin, Kille and Vazquez responded to a complaint received
regarding illegal clamming at Blackwood Lake in Washington Township,
Gloucester County. The COs apprehended two females who had collected
6500 fresh water clams. Appropriate charges were filed resulting
in a $400 penalty and forfeiture of their 1995 Honda Accord.
During a recent patrol of Penbryn WMA in Winslow Township, Camden
County, CO Kille apprehended two individuals for operating ATVs
which concluded with the arrest of one of the operators on an
outstanding warrant for lewdness. Upon returning to the WMA, CO
Kille encountered 5 individuals who had apparently been partying
earlier in the day. The CO observed one of the individuals in
a truck attempt to conceal something within his backpack. CO Vazquez
arrived to assist and the ensuing investigation resulted in the
discovery of 53 grams of marijuana and distribution equipment
from within the truck. One individual was arrested for possession
of CDS with the intent to distribute, possession of over 50 grams
of marijuana, possession of drug paraphernalia and failure to
surrender CDS to police. The remaining individuals received various
WMA charges that included fishing w/o licenses, swimming, maintaining
a fire, possession of alcohol, after hours and interference.
CO Risher chaired the 10th Annual South Jersey Youth Outdoor Day
which is held at the Salem County Sportsmen Club in Carney's Point,
Salem County. This year's event was attended by 200 children and
their parents. The event is designed to give children and their
families an introduction to outdoor recreational activities.
COs Vazquez and Risher, while patrolling the Cedar Lake WMA in
Monroe Township, Gloucester County, observed a vehicle on the
WMA after hours and attempted to stop it. The vehicle initially
fled the area, but finally stopped for the CO’s and the
occupants were questioned. Despite the motor vehicle inquiry indicating
that the vehicle was not stolen, the COs were suspicious as the
occupants were wearing gloves and the license plate was not properly
affixed to the vehicle. Questioning revealed that the vehicle
they were operating was recently stolen from a car lot. All the
subjects were then arrested and charged with violations of the
criminal, motor vehicle, and fish and wildlife codes.
CO Risher attended Franklin Township Police Department's National
Night Out event held at the Delsea Regional High School.
Marine Region
Captain
Chicketano received very specific information regarding violations
on the fishing club-owned vessel Ideal, in Point Pleasant Beach.
The information identified two subjects who were catching undersized
summer flounder, cutting the heads off and hiding them on a compartment
in the boat. When the boat returns to the dock their MO is; one
subject retrieves their vehicle that is parked a block away, while
the second subject removes the illegal fish from the vessel’s
compartment. After they recognize that there is no law enforcement
around, the second subject quickly places the fish into their
vehicle when it arrives at the vessel. On 7/18/09 COs Dravis,
Swift and Lt. Fresco set up surveillance and waited for the vessel
to return from a fishing trip. Immediately after the vessel tied
up, the first subject walked to the vehicle, which was being watched
by CO Dravis. Lt. Fresco observed the second subject carry a bag
of fish and place it in a bed of a pickup truck parked near the
vessel. This subject then returned to the vessel, retrieved their
equipment and waited at the edge of the road for the first subject
to arrive with the vehicle. When the vehicle arrived, the second
subject placed all the equipment in the vehicle. He then looked
around and walked to the pickup truck, picked up the bag of fish
and quickly placed in the vehicle. The vehicle left and COs Dravis
and Swift stopped it a short distance down the road. An inspection
of the vehicle uncovered a plastic bag containing five headless
summer flounder; all of which would have been undersized. The
appropriate summons was issued.
Information was received that the party boat, F/V Elaine B II
out of Highlands was filleting summer flounder at sea and discarding
the racks prior to landing. This is a violation of the vessel’s
state fillet permit. On 7/31/09, COs Dravis and James boarded
the boat in plain clothes as regular paying customers. These undercover
COs fished along with other patrons on the vessel and documented
observations of the crew and patrons. The COs observed the mate
fillet undersized summer flounder at sea, and discard the rack
overboard. The COs also observed the mate fillet additional fish
while at sea, but could not determine if the racks went overboard.
The COs also observed one of the patrons keep three over his limit
of summer flounder. The undercover COs relayed this information
to COs Jones and Swift who were waiting for the vessel to return
to the dock. As the vessel pulled up to the dock, CO Dravis observed
the mate kick a rack off of the deck. The mate was issued summonses
for discarding the racks of filleted fish. One patron was issued
summonses for filleting at sea, possession of three summer flounder
over the daily bag limit and possession of three undersized summer
flounder. Another patron was issued a summons for an undersized
summer flounder. The captain/owner of the vessel was issued a
summons for failing to retain the racks of filleted fish. If convicted,
the vessel will have its fillet permit suspended for a period
of sixty days.
On 8/1/09 Lt. Fresco, COs Jones and Scott conducted a boat patrol
in the Sandy Hook Bay and Shrewsbury River. The COs immediately
observed several individuals harvesting hard clams in restricted
waters off of Sandy Hook National Park. The COs who were in the
25 foot Parker patrol vessel, could not reach the clammers. CO
Scott enlisted assistance from an individual crabbing in the area
and was taken by boat to the illegal clammers. At that location,
CO Scott apprehended eight clammers for failing to have a shellfish
license and harvesting hard clams from special restricted waters.
While CO Scott was with the eight clammers, Lt. Fresco and CO
Jones observed another two individuals harvesting clams. When
CO Scott finished with the larger group, he was directed to the
other two clammers. CO Scott was driven to the location of the
two clammers and made the apprehension. Later in the patrol, the
COs apprehended a commercial crab pot fisherman for not having
his pot line marked properly.
On the night of 8/3 –8/4/09, COs Scott and Swift patrolled
the Atlantic Highlands Municipal Marina/Ramp. While inspecting
incoming fishing vessels, a marina security guard alerted the
officers to a vehicle with a boat trailer parked in the marina
parking lot. The guard claimed that the individual was currently
out in a sport boat and usually returned to the ramp at approximately
1:00 a.m. He added that this individual usually returned with
“buckets of fish”. The COs waited for the vessel to
return. Meanwhile, the party boat FV Angler returned from an evening
striped bass/bluefish trip. CO Swift, making efficient use of
his time decided to inspect the FV Angler while CO Scott continued
surveillance of the ramp. CO Swift apprehended one of the patrons
with an undersized striped bass. At approximately 11:30 p.m.,
the suspect vessel returned to the ramp with two people on board.
The COs inspected the vessel and discovered a 150 foot long gill
net that still had fish and crabs entangled in it. They also found
a bucket of hard clams and a horseshoe crab. The occupants were
issued summonses for undersized scup and summer flounder, clamming
without a shellfish license, clamming in prohibited waters, possession
of blue claw crabs with eggs, and use of a gill net with out a
license. A summons was also written for forfeiture of the gill
net and a warning for possession of the horseshoe crab.
On 8/8/09 eleven COs from District 7 Marine Region and the Central
Region conducted a saturation patrol of the Raritan Bay-shore,
targeting the illegal taking and possession of marine fish. COs
teamed up to provide coverage from Perth Amboy and east to Sandy
Hook National Park. A district 7 patrol vessel also patrolled
the waters of Sandy Hook and Raritan Bays, and the Shrewsbury
River. Over 330 inspections were made of recreational marine fishermen
and clammers. Several marinas and boat ramps were inspected as
well as shoreline fishermen and the Keansburg fishing pier. A
total of 44 summonses, 3 written warnings and several verbal warnings
were issued for violations of marine fish and shellfish regulations.
The breakdown of summonses issued are as follows: Sixteen summonses
were issued for the possession of 26 undersized summer flounder;
two summonses were issued for possession of four mutilated summer
flounder; one summons for two fish over bag limit of summer flounder;
five summonses for possession of 20 undersized scup; two summonses
for possession of undersized blue claw crabs; twelve summonses
issued for clamming without a shellfish license; and six summonses
and three written warnings for clamming in prohibited waters.
One notable apprehension involved a vessel with two persons on
board, returning to the Atlantic Highlands Municipal Ramp. COs
stationed at the ramp found fourteen summer flounder on this vessel,
of which thirteen were undersized. COs Dravis and Martiak, while
detailed at Sandy Hook National Park, accounted for the eighteen
shellfish violations. These annual saturation patrols continue
to be an effective means of enforcing the State’s marine
fish and shellfish regulations.
On August 15, 2009, COs Paul and Vasquez while in plain clothes
boarded the party boat Big Mohawk in Belmar, NJ. This operation
was conducted in response to complaints which had been received
that the vessel’s captain and crew were deliberately conspiring
to kill and fillet undersized summer flounder. As the fishing
trip progressed, the undercover officers observed summer flounder
less than 18” deliberately retained and killed. Prior to
filleting these short fish, the mate would grab the summer flounder
by the tail and bang the fish’s head into the deck of the
vessel. The mates aboard the vessel would intermittently brag
about their vessel catching more summer flounder than other vessels
because they used parts of summer flounder to catch other summer
flounder. The mates added that summer flounder are a carnivorous
fish species that can often be caught by using parts of one fish
to catch another. Additionally, individual patrons retained undersized
summer flounder, throwing them onto the fillet table for subsequent
filleting by the mate. The undercover Conservation Officers counted
at least 25 undersized summer flounder carcasses that the mate
cut up for bait purposes. Upon docking, the vessel was inspected
by uniformed Conservation Officers Dravis, Fresco, Jones, Scott
and Swift. One patron was issued a summons for the possession
of three summer flounder measuring less than 18” in length;
three patrons were each issued a summons for the taking of five
summer flounder over the daily bag limit; another patron was issued
a summons for taking one summer flounder over the daily bag limit.
The captain/owner of the Big Mohawk was issued summonses for discarding
parts of summer flounder prior to landing, and filleting fish
less than the minimum size limit. This violation is also a violation
of the vessel’s Special Fillet Permit. This permit, issued
by the New Jersey Division of Fish and Wildlife, allows party
fishing vessels (i.e. vessels accommodating 15 or more persons
for daily hire for the purpose of recreational fishing) to fillet
legal size fish while at sea. A conviction on these violations
would require a 60-day suspension of the vessel’s fillet,
for the first offense. The first mate was also issued summonses
for discarding parts of summer flounder and filleting undersized
fish. Another mate on the vessel was observed by the undercover
Conservation Officers selling seven summer flounder to two of
the patrons. This is a violation of State regulations requiring
all summer flounder sold, must be sold to a federally permitted
summer flounder dealer. Each of the summonses issued to the captain
and two mates, upon conviction, carry a minimum penalty of $300.00
to $3,000.00.
On July 27th CO Nicklow apprehended an individual in possession
of 17 tautog taken from the inlet jetties in Atlantic City. The
size ranges of these fish were 6-10”, well short of the
14” minimum legal size limit. CO Nicklow issued summonses
for possession of 17 undersize tautog and possession of 16 tautog
over the daily bag limit. On July 25th Conservation Officer Nicklow
observed suspicious activity in the inlet section of Atlantic
City. He watched as an individual made several trips from an adjacent
jetty to a parked vehicle on the street. During an hour of observation,
CO Nicklow determined that the man was collecting tautog from
an unidentified fisherman out of CO Nicklow’s view. This
mans sole purpose was “running” illegally taken tautog
to his car. Once the scheme was apparent to CO Nicklow, he moved
in and inspected the individual at the vehicle. CO Nicklow apprehended
the man with 15 undersize tautog and one undersized Black Sea
bass. The man would not identify his partner(s) who caught the
fish. CO Nicklow was assisted by CO Snellbaker and each officer
issued one summons to the individual. Summonses were issued for
possession of 15 undersize tautog and possession of 14 tautog
over the daily bag limit.
On 7/29/09 Conservation Officers Chris Petruccelli and Jeremy
Trembly boarded Charter/Party Vessel Bodacious as it returned
to its dock in Port Norris, Cumberland County, following a 30-hour
“open boat” tuna trip. When boarded the captain of
the vessel claimed to have only one and one half Bluefin tuna
on board and directed the COs attention to an exacta in the stern
of the vessel. The captain said the half Bluefin tuna was a result
of a hungry shark that attacked one of the Bluefin as it was being
reeled in. During further inspection of the vessel, Conservation
Officer Petruccelli located two additional coolers with tuna.
He found fresh tuna fillets in a cooler on the deck of the vessel
and a 150-quart cooler filled with tuna steaks hidden in the cabin.
The captain claimed that the tuna in the cooler on the deck were
also from the partially eaten tuna. He claimed the tuna in the
150-quart cooler was one 70-inch Bluefin tuna which was processed
as the vessel sailed back to the dock on the return trip. Initially
the Captain made statements to the officers that he thought he
could retain two trip limits because the trip was longer than
24 hours in duration. The captain also falsely represented that
he thought his NJ fillet permit would allow him to fillet tuna
prior to landing them at their dock as long as it was done in
State Waters. Neither claim that the captain made was a valid
argument since federal regulations govern Atlantic Tuna harvest.
Federal regulations require only one Bluefin tuna measuring 27inches
up to less than 47 inches and one 47 inches to less than 73inches
may be landed per trip regardless of the trip’s duration.
Additionally, Bluefin tuna must be landed in a condition where
an accurate curved fork length can be determined. The captain
admitted that they retained three Bluefin tuna measuring between
47 and 73 inches, which is a violation. CO Trembly and Petruccelli
seized the Bluefin tuna parts for analysis. Since a large quantity
of tuna parts were landed, lab analysis would determine the exact
number and species of tuna actually landed by the vessel. Following
sampling of the tuna parts, the number of federal charges that
the captain and owner of the vessel would face could increase
significantly. COs are preparing samples taken from the vessel
to be sent to the lab and completing federal case reports for
submission to NMFS for the prosecution of the Vessel’s violations
under Atlantic Tunas Regulations.
Training
Conservation Officer Brian Tomlin has successfully completed his
22 weeks of Basic Police Officer Training at the Gloucester County
Police Academy. He has now entered into the Bureau’s 12
week field training and will be ready for full time patrol assignment
in the fall.
The training unit recently conducted simulated force on force
scenarios for the all Bureau personnel. The scenarios put the
officer into stressful real-life encounters that solicited him/her
to respond with the appropriate force option. Officers were evaluated
tactically and legally base upon their response. Scenarios have
the ability to provide the most realistic training system possible
so that officers can engage in dynamic experience building and
ultimately lifesaving exercises. Realistic training can be the
difference between life and death.
Conservation Officers Joseph Kuechler and Jordan Holmes of the
Northern Region conducted a block of instruction on Wildlife Laws
for the Kearney Junior Police Academy in Essex County. The Officers
also spoke briefly on careers in Wildlife Law Enforcement.
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